On Thursday, the Supreme Court took exception to comments made by the Vice-President Jagdeep Dhankar in his first speech as the Rajya Sabha Chairman in which he reportedly raised the issue of 2015 Supreme Court judgement declaring NJAC to be void.
The Vice-President has asked as to why in the course of seven years, the Parliament didn't take congnizance of the matter while stressing that in democracy, parliamentary sovereignty is inviolable.
In his maiden speech on the opening day of the 2022 Winter Session of Parliament, VP Dhankhar underlined the need to bear in mind that in a democratic governance Parliament was the exclusive and ultimate determinative of the architecture of the Constitution.
Now, a bench comprising of Justice Sanjay Kishan Kaul, Justice Vikram Nath and Justice Abhay S Oka said that the comments are not well taken and has asked the Attorney General R Venkataramani to advise government functionaries.
The Constitutional scheme of India, empowers Parliament to enact a legislation but provides the power to Court too to scrutanize such laws, the bench pointed out.
Scheme of our constitution requires our court to be final arbiter of law. Parliament has right to enact a law but the power to scrutinize it lies with the court. it is imp that law laid down by this court is followed else people would follow law which they think is correct," the Court said.
The Vice President has said that Constitutional Courts quashing changes made by the Parliament to the Constitution is a exception here in India as he added that this happens nowhere else in the world.
This is the second time in the last week that the Vice-President has raised the issue of 'judicial incursions' into the legislative domain.
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(With input from news agency language)
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